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Competition Act, 2002 Chapter 2

Title: Prohibition of Certain Agreements, Abuse of Dominant Position and Regulation of Combinations

State: Central

Year: 2002

.....of the Explanation to section 5.]] ___________________________________________ 1. Substituted for the following by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. "(1) No enterprise shall abuse its dominant position." 2. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the words, brackets and figure "under sub-section (1), if an enterprise". 3. Inserted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. 4. Effective date :20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1241(E) dated 15.05.2009. Section 5 - Combination Regulation of combinations 5. Combination.-- The acquisition of one or more enterprises by one or more persons or merger or amalgamation of enterprises shall be a combination of such enterprises and persons or enterprises, if-- (a) any acquisition where-- (i) the parties to the acquisition, being the acquirer and the enterprise, whose control shares, voting rights or assets have been acquired or are being acquired jointly have,-- (A) either, in India, the assets of the value of more than rupees one thousand crores or turnover more than.....

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Competition Act, 2002 Section 5

Title: Combination

State: Central

Year: 2002

.....referred to in sub-section (5) of section 3. ___________________________________ 1. Substituted for the following by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. "(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars or turnover more than fifteen hundred million US dollars; or" 2. Substituted for the following by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. "(B) in India or outside India, in aggregate, the assets of the value of more than two billion US dollars or turnover more than six billion US dollars; or" 3. Substituted for the following by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. "(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars or turnover more than fifteen hundred million US dollars; or" 4. Substituted for the following by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. "(B) in India or outside India, in aggregate, the assets of the value of more than two billion US dollars or turnover more than six billion US dollars; or" 5. Substituted for the following by the.....

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Competition (Amendment) Act 2007 Section 4

Title: Amendment of Section 5

State: Central

Year: 2007

In section 5 of the principal Act, -- (i) in clause (a),--- (a) in sub-clause (i), for item (B), the following item shall be substituted, namely:-- "(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars, including at least rupees five hundred crores in India, or turnover more than fifteen hundred million US dollars, including at least rupees fifteen hundred crores in India; or"; (b) in sub-clause (ii), for item (B), the following item shall be substituted, namely:-- "(B) in India or outside India, in aggregate, the assets of the value of more than two billion US dollars, including at least rupees five hundred crores in India, or turnover more than six billion US dollars, including at least rupees fifteen hundred crores in India; or"; (ii) in clause (b),-- (a) in sub-clause (i), for item (B), the following item shall be substituted, namely:-- "(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars, including at least rupees five hundred crores in India, or turnover more than fifteen hundred million US dollars, including at least rupees fifteen.....

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Competition Act, 2002 Complete Act

State: Central

Year: 2002

.....includes a new article and "service" includes a new service; (c) "unit" or "division", in relation to an enterprise, includes - (i) a plant or factory established for the .production, storage, supply, distribution, acquisition or control of any article or goods; (ii) any branch or office established for the provision of any service; (i) "goods" means goods as defined in the Sale of Goods Act, 1930 (8 of 1930) and includes- (A) products manufactured, processed or mined; (B) debentures, stocks and shares after allotment; (C) in relation to goods supplied, distributed or controlled in India, goods imported into India; (j) "Member" means a Member of the Commission appointed under sub-section (1) of section 9-and includes the Chairperson; (k) "notification" means a notification published in the Official Gazette; (l) "person" includes - (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not in India or outside India; (vi) any corporation established by or under any Central, State or Provincial Act or a Government company as defined in section 617 of the.....

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